Madras High CourtWP/34486/2018disposed of

K.Vignanam v. The Principal Secretary To Govt,

2019-01-07Honourable Dr. Justice S. Vimala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2019

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P.No.34486 of 2018 K.Vignanam

...Petitioner

Vs 1 The Principal secretary to Government Transport Department Fort St.George Chennai 600 009 2 The Managing Director Metropolitan Transport Corporation (Chennai) Ltd. Pallavan Salai Chennai 60002 3 The Administrator Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar - House Pallavan Salai Chennai 600 002

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents to disburse the retirement benefits viz. Provident Fund Contribution Amount of Rs.490000Earned Leave Surrender Salary Amount of Rs.87 640- Pension Commutation Amount of Rs.5 80 950/- Gratuity Amount Rs.428420 Social Security Scheme Fund Amount of Rs.20000 and IRT Contribution Amount of Rs.4500/- the Total comes to Rs.1611510/- (Rupees Sixteen Lakhs and Eleven Thousand and Five Hundred Ten Only) with 18 percent interest of delayed payment to the petitioner the selection Grade Driver Staff No.D.50534 who has retired from service on 30/04/2018.

For Petitioner :

M/s.D.Veerasekaran For Respondent :

Mr.R.S.Selvam, Government Advocate - For R1 Mr.P.Kannan Kumar - for RR 2 and 3

O R D E R

This writ petition is filed seeking direction to the respondent herein to pay the retirement benefits with interest to the petitioner as per his representation made to the respondent on 27.11.2018.

2. The petitioners is the retired employee of the respondent corporation. He has retired from service on 30.04.2018. However, his retirement benefits have not yet been paid by the respondents. Hence the petitioner gave a representation to the respondent dated 27.11.2018, requesting the respondent to pay the retirement benefits, and the same has not yet been considered till date. That has forced the petitioner to approach this Court by way of the present writ petition.

3. Earlier, this Court in W.P(Md).No.383 of 2015, directed the Transport Corporation to settle the retirement benefits to the retired employees in twelve equal monthy instalments with interest at 6% per annum for the entire amount and in case of delay in paying the monthly instalments, interest to be paid at 18% per annum.

4. Accordingly, following the earlier order of this Court, the respondents are directed to settle the terminal benefits of the petitioners in twelve equal monthly instalments and the first of such instalments shall be paid on or before 01st February 2019. With the above directions, the writ petition is disposed of. No costs.

kst Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal secretary to Government, Transport Department, Fort St.George, Chennai 600 009

2.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd. Pallavan Salai, Chennai 60002 3.The Administrator, Tamil Nadu State Transport Corporation Pension Fund Trust Thiruvalluvar - House Pallavan Salai Chennai 600 002 +1cc to Mr.D.Veerasekaran, Advocate, S.R.No.1586/19 +2cc to Mr.P. Kannan Kumar, Advocate, S.R.No.1338/19 +1cc to the Government Pleader, S.R.No.1881/19 W.P.No.34486 of 2018 KAK(07/02/2019)